Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1887-03-24

In oil my association with mankind
/ have not found any one so incon-
sistent. 1t seems to me he must
be in his dotage. Surely no man
with ordinary mental faculties
would take the position he does in
view of the facts. He says: "Let
me tell you that the law in which
those figures are found is not a
dead law, as the word late ex-
presses it, but is in force to-day"
If you will only look at the die
tionary you will see that the pri-
mary meaning to the word "late"
is "latter or last, etc." Do not
herald your ignorance to the world
through a newspaper. a." if
you haven't got friends with sense
enough to explain this matter to
you, it is best you write to the ex-
ecutive department, or il you will
write to Hon. Henry Chambe ers,
the treasurer, he will tell you that
the clerk of the supreme court only
draws from his office a salary of
$500 per year. Do you suppose
Scales would have had occasion to
use his battery of vituperation,
sarcasm and ribaldry on me, if l
had made such a mistake ? Not
he. He would have had a shad-
ow of chance to show the world
what an idiot / was for not know
ing this and he would have acted
accordingly. Again he refers me
to section % and %, page So, to
show me the power of the supreme
court. What does the latter part
dissection % say2 ITO carry into
full effect the powers which are or
may be hereafter vested in them By
law. Can you point out any stat
ute vesting in the supreme court
the right to question an original
bond approved by district clerk I?
And were you not one Of the at
torneys for the defense in the case
of ]. NJ. Title VS.. Town of Down
ingville, where a mandamus was
asked to enforce the judgment of
this same court on this same Sec
ton Of law? And the court decid-
ed they had no authority to issue
the writ because there was no law
which said "the. supreme court
shall have the right to issue man.
damus against the town of Down
ingville to make it pay a judgment
of the supreme court?" The Eng
lish language fails to give me
words to express my sentiments on
this subject. You say "the plain
tiff is at fault when he does not full
ly comply with the law or give a
legal bond" Bosh What is the
clerk for but to see that the wit
ness fees are protected and every
thing regular before he issues his
citation? ? You say "my position
is overthrown by the fact that the
court decided against Manley."
You remind me of the old adage /:
"The higher up the center-pole the
monkey climbs, ETC., etc" Did l
not tell you "the court did not de-
eide against Manley on the bond
question" #" but decided in his fo-
vor? Dawn's case was dismissed
on the bond, but the motion to dis
miss on the bond in the Manley
case was overruled. AS to what
was done in the final trial of the
Manley case, upon the merits Of
the case, cuts no figure and is not
the issue. You say you doubt my
patriotism because ! have assailed
every department of our govern
ment. / cheerfully submit the
question to the people, if l have
said anything about the executive
department in which the facts do
not bear me out. Our constitution,
article second, sections one and
two, declare "The power of this
government shall be divided into
three distinct departments, the
legislative, the executive and the
judicial. Second; no person, or
persons, belonging to one Of these
departments, shall exercise any
of the powers properly belonging
to either of the others, except ex-
pressly directed or permitted. >"
What is the history? 1t has been
executive orders to the various
officers, executive construction Of
the statute laws, etc.. until it
is merging on to a monarchical in
stead OF republican form of gov
eminent. / have said nothing of
the legislative, only asked, "Win
they stand unconcernedly by and
see things go on without reaching
out its mighty arm to check the
mad career" What / have said Of
the judiciary / also submit 10 the